MORIOM KHATUN AND ANR Vs. NATIONAL INSURANCE CO LTD AND ANR
LAWS(GAU)-2018-10-20
HIGH COURT OF GAUHATI
Decided on October 03,2018

Moriom Khatun And Anr Appellant
VERSUS
National Insurance Co Ltd And Anr Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) The present appellants as claimants preferred a claim petition before the learned MACT Tribunal, Goalpara praying for compensation on account of death of their son in a road traffic accident on 30.09.2009 and the same was registered as MAC Case No.482 of 2009.
(2.) Necessary case in brief is that on 30.09.2009 while the son of claimant was proceeding in a bus bearing AS-O1-BC-2151 Bus, the vehicle met with an accident on account of rash and negligent driving of the driver at Kachadol under Rangjuli police station at about 1.10 pm. As a result of which, their son Mohibul Islam sustained injuries on his person and although he was taken to the hospital, he succumbed to his injuries after 3 days. The claim petition was preferred praying for compensation for the loss of their son in the said incident with the contention that the deceased was daily labour who used to earn Rs.4,000/- per month and that, they are entitled to get the compensation of Rs.8 lakhs.
(3.) On the basis of the claim petition, necessary notice was issued to the owner, driver and insurer of the said vehicle and all the parties contested the case and submitted their written statement. The owner and driver of the vehicle in their written statement contended that the vehicle was duly insured with the insurance company having valid insurance policy and the driver also had valid driving licence and as such, they are not liable to pay any compensation to the claimant and compensation, if any, is to be indemnified by the insurance company.;


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